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The Luzerne County Home Rule Charter created a commission to enforce strong ethics requirements and restore public confidence in county government.

But the five-member commission, which started meeting in March, is under attack for being secretive and failing to hold officials accountable. Critics include charter supporters.

"Where's the transparency? What I see is the ethics commission has become a joke," Jackson Township resident Ed Chesnovitch said during the commission's last meeting Dec. 17.

Chesnovitch campaigned for the 2010 referendum to approve the charter. Commission Chairwoman Margaret Hogan told him the new commission "is operating consistently with the ethics code" adopted by county council in May.

"We did not create the ethics code," Hogan said. "It was given to us. We are operating consistently with it and with Pennsylvania law on right to know and sunshine."

Controller Walter L. Griffith Jr., District Attorney Stefanie Salavantis and County Manager Robert Lawton serve on the Accountability, Conduct and Ethics Commission. Council appointed Hogan and Vito Forlenza to serve on the commission as citizen representatives.

"I understand the code is not explicit, and it needs a lot of work," Griffith said at the last meeting. "I will tell you common sense is not prevailing here."

Council and commission members are working on some proposals to revise the ethics code, Council Chairman Tim McGinley said. Council members have not proposed any revisions since the code took effect May 17.

Since then, the commission voted on nine complaints alleging code or charter violations and dismissed eight of them. The decisions are considered confidential, yet the commission cannot prevent people who file complaints from disclosing its findings.

"There's a big different between confidentially of the source and confidentiality of votes and the issue," Kingston resident Therman Guamp said at the last meeting. "To hide behind confidentiality, I think is inappropriate."

Hogan replied: "If you would study the ethics code and Pennsylvania law, you will find we are not hiding behind anything. I think your comments are in ignorance."

The commission voted Dec. 17 to admonish deputy coroner Daniel Hughes, without identifying him by name, in response to a complaint he used his county position to help his private funeral business.

"We need to be a little more firm," Griffith said.

Other penalties noted in the code are: censure, suspension, expulsion, removal and fines. Admonishment could factor into future punishment if Hughes is found in further violation of the code.

"Our position is that the commission improperly publicly announced a sanction without making any findings about how the ethics code was allegedly violated," Borland said.

Deadline dispute

Kathy Dobash, a former council candidate from Hazleton, filed a complaint, alleging a violation of the charter requirement to propose an annual budget by Oct. 15. The commission on Dec. 17 dismissed her complaint against Lawton for submitting a budget Oct. 20.

"The problem is you don't listen to the rules of this county. It's called the charter. It's called the people," Kingston resident Brian Shiner said. "This commission does not function properly. Instead of it being dealt with, we get dealt down to. You just publicly recommended going against our charter."

"People have to understand how county government is supposed to operate, and that it is an exercise in practical wisdom," Hogan replied. "It cannot always operate on a specific schedule that is preconceived."

Forlenza said he is "working with council members to make the ethics code more coherent with the charter."

"If you violate the charter, it's unethical," Griffith replied. "You can split hairs as to where, and we can make decisions based on that. But I think when the charter is very clear, the charter is very clear."

Hogan said the commission should "look at the total code and not just a single sentence in the code."

"I'm not a scholar in the English language, but when the code says the deadline is Oct. 15, that's the deadline," Griffith said. "And I understand the hurdles. â¦ when somebody violates something they need to held accountable for it. Period. We can't be wishy-washy, or we will have the same thing we had with kids for cash and all the other stuff. That's why this was created."

Former county judges Mark A. Ciavarella Jr. and Michael T. Conahan entered their initial guilty pleas in the notorious kids-for-cash scandal in January 2009. Both are in federal prison for accepting kickbacks from developers of juvenile detention facilities.

An ensuing corruption probe snared another county judge, Michael T. Toole, and a sitting county commissioner, Greg Skrepenak, in addition to several other top county administrators and contractors.

"The ACE commission â¦ has a chance to change the culture of corruption in this county," Dobash said. "That is why you are hearing frustration from those in the audience, and you will see less complaints because of light punishment."

Griffith was elected in 2009 to the government study commission, which wrote the new charter. Griffith opposed the charter in 2010 because he claimed it gave too much power to the county manager.

Councilman Rick Morelli, who also served on the study commission, said council should "look into making changes" to the ethics code.

"The ethics commission needs to get a little tougher, or it will have no credibility," he said.

Councilman Jim Bobeck said the ethics commission "is doing a tough job in a new realm, so it's a learning curve as they encounter new circumstances."

He added the commission "should not relent to pressure from any individuals who are only looking for punishment no matter the circumstances."

mbuffer@citizensvoice.com, 570-821-2073

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